Summary: Miss X complained the Council placed her in bed-and-breakfast accommodation beyond the six week limit, delayed identifying alternative accommodation and failed to keep her up-to-date. The Council accepts it kept Miss X in bed-and-breakfast accommodation for longer than the six weeks allowed. The Council also failed to keep Miss X up-to-date. Because of the Council’s delay Miss X had to stay in unsuitable accommodation for longer than she should have. An apology and payment to Miss X is satisfactory remedy.

The complaint

1. The complainant, Miss X, complained the Council:
• placed her in bed-and-breakfast accommodation for longer than six weeks;
• delayed identifying suitable alternative accommodation; and
• failed to keep her up-to-date.
2. Miss X says the Council’s actions left her living in unsuitable accommodation with two children once she gave birth and caused her distress.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

5. As part of the investigation, I have:
• considered the complaint and Miss X's comments;
• made enquiries of the Council and considered the comments and documents the Council provided.
6. Miss X and the organisation had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Homelessness and accommodation duties

7. Part 7 of the Housing Act 1996 and the Homelessness Code of Guidance for Local Authorities set out councils' powers and duties to people who are homeless or threatened with homelessness.
8. Councils must take reasonable steps to help to secure suitable accommodation for any eligible homeless person. This is called the relief duty. When a council decides this duty has come to an end, it must notify the applicant in writing. (Housing Act 1996, section 189B)
9. A council must secure accommodation for applicants and their household if it has reason to believe they may be homeless, eligible for assistance and have a priority need. This is called interim accommodation. (Housing Act 1996, section 188)
10. The relief duty ends when the applicant accepts or refuses an offer of accommodation which is suitable and likely to be available for at least 6 months, or, failing this, if 56 days have passed.
11. If a council is satisfied an applicant is unintentionally homeless, eligible for assistance, and has a priority need the council has a duty to secure that accommodation is available for their occupation. This is called the main housing duty. (Housing Act 1996, section 193 and Homelessness Code of Guidance 15.39)
12. The accommodation a council provides until it can end the main housing duty is called temporary accommodation. If a council ends its interim accommodation duty, but then goes on to accept the main housing duty, it still has a duty to provide temporary accommodation. Interim and temporary accommodation can be the same physical property. What changes is the legal duty under which a council provides it.
13. The law says councils must ensure all accommodation provided to homeless applicants is suitable for the needs of the applicant and members of their household. This duty applies to interim and temporary accommodation. (Housing Act 1996, section 206)

Homeless code of guidance

14. Bed and breakfast (B&B) accommodation caters for very short-term stays only and affords residents only limited privacy, and may lack or require sharing of important amenities, such as cooking and laundry facilities. Wherever possible, housing authorities should avoid using B&B accommodation as accommodation for homeless applicants, unless, in the very limited circumstances where it is likely to be the case, it is the most appropriate option for the applicant.
15. Living in B&B accommodation can be particularly detrimental to the health and development of children. Under section 210(2), the Secretary of State has made the Homelessness (Suitability of Accommodation) (England) Order 2003 (‘the 2003 Order’). The 2003 Order specifies that B&B accommodation is not to be regarded as suitable for applicants with family commitments provided with accommodation under Part 7.
16. Housing authorities should, therefore, use B&B accommodation to discharge a duty to secure accommodation for applicants with family commitments only as a last resort and then only for a maximum of 6 weeks.

The Council’s accommodation placement policy

17. Under this policy the Council assesses households to determine their priority for a location band.
18. When allocating interim accommodation the Council’s officers review the vacancies available and allocate the most suitable accommodation, taking the household’s specific needs into account.
19. If the Council accepts the main housing duty to household and that household is in bed-and-breakfast accommodation they are placed on the temporary accommodation transfer list.
20. The Council will normally prioritise the transfer list by date unless there are circumstances where a household needs to be prioritised for a move.
21. The Council produces daily reports to identify households in bed-and-breakfast accommodation and those are reviewed by the manager for the placements team. Daily/weekly meetings are held where households are prioritised for a move.

What happened

22. Miss X put in a homeless application in December 2024. Miss X had a young child and was pregnant. The Council placed Miss X in hotel accommodation, accepted the relief duty and issued a personalised housing plan.
23. In January 2025 Miss X repeatedly asked the Council to move her to more suitable temporary accommodation. Miss X also chased the Council for an update on her application in February 2025.
24. The Council sent Miss X an end of relief duty letter on 18 February and accepted the main housing duty later that month. The Council then placed Miss X on the transfer list.
25. Miss X put in a complaint about the Council leaving her in bed-and-breakfast accommodation. When responding to that complaint the Council offered Miss X £400 to reflect the time she had spent in the accommodation beyond the six week limit.
26. Miss X again asked the Council for alternative suitable accommodation on 28 February as she was due to give birth. The Council explained demand for housing greatly exceeded supply and a member of the temporary accommodation team would contact her once they had found a suitable property.
27. Miss X contacted the Council again in April after giving birth to her second child. Miss X also put in a complaint. The Council responded to that complaint in May and offered Miss X £1,400 to reflect the additional 14 weeks Miss X had stayed in bed-and-breakfast accommodation beyond the six week limit.
28. Miss X continued to chase the Council for alternative temporary accommodation in May. Miss X’s representative then put in a request for a review of the suitability of the accommodation Miss X occupied. After consideration of that review the Council decided the accommodation was not suitable for Miss X. The Council moved Miss X to alternative temporary accommodation on 19 June.
29. In response to my enquiries on this complaint the Council accepted it had left Miss X in bed-and-breakfast accommodation for 27 weeks. The Council offered to pay Miss X £2,100 to reflect the 21 weeks she had lived in bed-and-breakfast accommodation beyond the six week limit.

Action the Council has taken/is taking to address the shortage of temporary accommodation

30. The Council recognises the need to reduce the use of bed-and-breakfast accommodation and to secure more properties to allocate as temporary accommodation. In line with that the Council says it is:
• working with 20 different organisations that seek and supply accommodation, which has resulted in increased numbers of self-contained temporary accommodation properties becoming available which has allowed it to reduce use of bed-and-breakfast accommodation;
• created a temporary accommodation acquisition programme with funding to source good quality suitable accommodation for those needing the Council’s assistance;
• provided vouchers to homeless households;
• works with the local centre to allow families living in bed-and-breakfast accommodation to access kitchen facilities so they can prepare their own meals;
• takes part in a Government pilot programme which includes an action plan to reduce use of bed-and-breakfast accommodation and to improve the overall quality and value for money of temporary accommodation;
• set up a temporary accommodation strategic board which receives monthly reports on the numbers of households occupying unsuitable bed-and-breakfast accommodation for more than six weeks.

Analysis

31. Miss X says the Council placed her in bed-and-breakfast accommodation with her child and left her in that accommodation for seven months when she should have been in the accommodation for no longer than six weeks. Miss X says this caused her a significant injustice as she had a young child and was pregnant when she moved into the bed-and-breakfast accommodation.
32. The Council accepts it left Miss X in bed-and-breakfast accommodation for 27 weeks, which is 21 weeks longer than it should have. I am particularly concerned about that in this case as the Council knew Miss X was pregnant and already had one child. I also note Miss X had asked the Council to provide her with more suitable accommodation repeatedly from January 2025 and there is no evidence the Council acted on that until June 2025, after her representative formally challenged the suitability. Breaching the six week limit for placing Miss X in bed-and-breakfast accommodation and then failing to seek alternative self-contained temporary accommodation for her after she asked for alternative accommodation and submitted a complaint is fault.
33. The Council says it did not provide Miss X with more suitable accommodation because it had no suitable alternatives at the time. I understand the difficulty the Council faces in identifying suitable interim and temporary accommodation. However, Government guidance is clear that families should not be placed in bed-and-breakfast accommodation for longer than six weeks. The Council is therefore at fault for leaving Miss X in bed-and-breakfast accommodation beyond the six week limit. There is also no evidence of the Council attempting to keep Miss X up-to-date as most of the Council’s updates followed Miss X chasing the Council. That is also fault.
34. The Council has offered £100 per week for the 21 weeks Miss X remained in bed-and-breakfast accommodation beyond the six week limit. I consider that a satisfactory remedy and in line with what the Ombudsman would normally recommend. In reaching the view that this is a suitable remedy I have taken into account the fact the accommodation Miss X was living in offered breakfast and dinner to address the fact residents do not have access to cooking facilities. I also recommended the Council apologise to Miss X, which it has agreed to do.
35. I do not make any recommendations for procedural remedies. That is because I am satisfied the Council has plans in place to reduce the use of bed-and-breakfast accommodation, increase the availability of temporary accommodation and to provide support to vulnerable homeless applicants.

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Action

36. Within one month of my decision the Council should:
• apologise to Miss X for the distress and upset she experienced due to the faults identified in this decision. The Council may want to refer to the Ombudsman’s updated guidance on remedies, which sets out the standards we expect apologies to meet;
• pay Miss X £2,100.
37. The Council should provide us with evidence it has complied with the above actions.

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Final decision

38. I find fault causing injustice. The Council has agreed actions to remedy injustice.

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Investigator's decision on behalf of the Ombudsman